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Shoplifting, No Cops, Civil Demand,

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  • 03-24-2013, 01:25 PM
    justonce
    Shoplifting, No Cops, Civil Demand,
    My question involves criminal law for the state of: VA

    A few days ago, I was caught shoplifting 34.99 of an item. I walked out to my car, then got stopped by LP as I was walking, and told to return the merchandise. I returned the merchandise and the guy took a picture of my license and told me to not come back or else the store'll come after me. He walked off to the store.

    I felt really guilty and stupid for stealing something I didn't even need so I stayed in the mall for a couple of minutes kicking myself before I walked back to my car again where I saw Mall Security. (I could have just left when the LP took the merchandise and my information but I didn't) Mall security talked to the Store Management and they decided they were not going to call the cops. I never met the Store Management, just the one LP. Mall security made me sign a piece of paper that I was banned for a year which i have every intention of honoring. I asked Mall security if I needed to expect any mail and they said no, just don't come back for a year. Store Management never said anything to me.

    My concerns:

    It's been about a week now and reading from this site, I can expect a Civil Demand letter? When does this letter actually come? Will it even come? What is it going to say? One of the reasons why I learned my lesson is how I notice how embarrassing this would be if my family finds out so I want to find that letter before any one else in my household sees it. Also, because I read this in another thread, it is not possible for the Post Office to hold individual mail for a household, it can only hold the Household mail.

    Since the cops were not called during the Shoplifting incident, I can pretty much expect there will be no criminal charges about this, correct? I understand the statute of limitations is 5 years for petit larceny in my state but having left the first time, how likely is it that Retail Stores will file something (as of right now) a week after the incident? For an item they got back immediately afterwards?Security (he was nice) also said that if cops do come, they might just write it as a trespassing charge with a fine of 50. No cops came, thankfully.

    If I was criminally charged, would I be able to opt for a First Offender's program or my past misdemeanor stops this from happening? Was charged for a Drunk in Public when I was 21. I was fingerprinted, given a mugshot, and I paid the fine. This is my prior history, don't know if it even counts as important about this.

    I am going to pay the Civil Demand letter if/once it comes and put this affair behind me as soon as possible! And I'm never going to shoplift again!
  • 03-24-2013, 01:51 PM
    flyingron
    Re: Shoplifting, No Cops, Civil Demand,
    Yes, if they decide to make a complaint, you'll get summonsed into General District Court. At the beginning of the session, they will call all the shoplifting and drug cases that they think are first offenders. THey'll then send you out to be "interviewed" by the person running the first offender program. If they decide you do qualify and that you wish to participate, the case will get continued pending your completion. The judge will say that you don't strictly have to return for that date if you successfully complete the program, but advises that you should to make sure that they got the information on your completion and make sure the charges are dismissed.

    Alternatively if you want to fight it, you can ask for a public defender. They'll give you a form and let you apply. If the judge determines you do qualify, he'll continue the case and direct you to the public defenders office. Alternatively, if you don't, you can ask for the continuance to find your own attorney.
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